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Published byBertina Casey Modified over 7 years ago
Supreme Court Cases
What you need to know to present your case: The background of the case – What happened? – What were both sides of the argument? Constitutional issues – What amendments and rights were involved? Court’s Opinion – What did the Supreme Court decide and why? Lasting impact – How did it affect law and all people after that case
14 th amendment—applies to every case Due process o Government can’t deprive you of life, liberty, or property without following the law Equal protection o Everyone deserves equal protection under the law Was originally passed to protect freed slaves. It now is interpreted to protect ALL U.S. citizens
Gideon v. Wainwright There was a state law that said a criminal could only have an attorney if they could possibly get the death penalty. Gideon’s crime was not serious, so he was not provided a lawyer. 6 th amendment—right to counsel o Does everyone have the right to counsel? Court said yes—state law was unconstitutional Now everyone who is accused of a crime gets a lawyer
Lemon v. Kurtzman Non-public elementary and secondary act (state law) made it so that religious private schools could use tax payer $ for non-religious purposes (science, math etc.) Lemon (parent of public school student) said this violated the establishment clause of the 1 st amendment Court said that it did because state auditors coming in created too much of an “entanglement” between church and state Lemon test was established to determine if a law violates the 1 st amendment
Mapp v. Ohio Rumors that a woman had illegal evidence in her home led police to barge in her house without a search warrant (they waved a fake one in her face). Although they did not find what they were looking for, they found other illegal evidence Did they violate her 4 th amendment right against unreasonable search and seizure? Court said yes You must have a search warrant in order to obtain evidence legally—otherwise it cannot be used in court against you
Miranda v. Arizona A man committed a serious crime and was arrested. He did not know his rights and he was not told what his rights were. Although he signed a piece of paper saying he did. (could not read and write very well). Do police have the responsibility to tell everyone what their rights are (bill of rights) or should you just know them as a U.S. citizen Court said everyone has to be told their rights Miranda rights are now read to anyone who is arrested
New Jersey v. T.L.O. A girl got caught smoking in the bathroom and the school officials searched her (they found other illegal stuff on her). School officials said they had probably cause to search her. She argued that they violated her 4 th amendment right against unreasonable search and seizure Court said that in a school setting probably cause is more loosely used because administrators need to look out for the well-being and safety of ALL students in the building (In loco parentis) You can be searched in school
Roe v. Wade A woman wanted to get an abortion that was not medically necessary. A state law said that a woman could not get an abortion unless it was medically necessary. She argued that this violated her right to privacy implied by the 4 th and 9 th amendment. The other side argued that the unborn child deserved due process and equal protection by the 14 th amendment Court said the law did violate her right to privacy Now a woman can get an abortion for any reason in the first 2 trimesters of her pregnancy
Texas v. Johnson A man burned an American flag in protest at a political rally. There was a state law saying you could not burn an American flag. He said this violated his right to expression that was implied by the 1 st and 9 th amendment Court agreed (close decision 5-4) You have freedom of expression (but could easily change)
Schenck v. United States Charles Scheck was a member of the Socialist Party. He opposed WWI and would put out lots of information o try to urge others to oppose the war and draft. He violated the Espionage Act, was arrested, and charged with “attempting to cause insubordination in the military and naval forces of the United States” HE said his 1 st amendment rights were violated The court said nope—unanimous decision—in certain situations, limited speech was acceptable such as in times of war Lasting impact is that a precedent was set that no person may use free speech to place others in danger
Tinker v. Des Moines Students wanted to protest the Vietnam War by wearing black armbands. The school board made a policy ahead of time that they could not do this. They did and got suspended. They argued that this violated their right to expression implied y the 1 st and 9 th amendments Court agreed that unless something was causing a disruption or unsafe activities in school, they could not prohibit freedom of expression You have the right to express yourself as long as you are not causing a disruption or hurting anyone else's education and safety
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